[2024:RJ-JP:43539]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.19060/2018 Jagdish Prasad Jandu S/o Shri Jodha Ram Jat, Aged About 38 Years, R/o Klyanpura, Post- Kuli-Khachariawas, Tehsil-

Dantaramgarh, District Sikar ----Petitioner Versus

1. State Of Rajasthan Through Its Additional Chief Secretary, Medical And Health Department, Government Of Rajasthan, Government Secretariat, Jaipur

2. Registrar, Para Medical Council, Rajasthan, Jaipur.

3. Chairman, Rajasthan Paramedical Council, Rajasthan, Jaipur.

----Respondents For Petitioner(s) : Mr.Babu Lal Nasuna, Adv.

For Respondent(s) : Mr.Bharat Saini, Adv.

Ms.Lipi Garg, Adv. for Mr.Archit Bohra, Addl. GC.

HON'BLE MR. JUSTICE AVNEESH JHINGAN

Order

17/10/2024

1. This petition is filed aggrieved of order dated 29.06.2018 passed by respondent No.2 refusing to register the petitioner with the Rajasthan Paramedical Council, Jaipur (for brevity ‘Council’).

2. The brief facts are that the petitioner after passing Class 10^th examination got a diploma from the Medical Laboratory Technology Institute, Kerala in the Trade of Radiography for the course completed during the year January, 1998 to December, 1999. The petitioner filed an application on 24.06.2018 for registration under the Rajasthan Para Medical Council Act, 2008 (hereafter ‘the RPMC Act’). The application was rejected on the ground that the petitioner had done diploma course after matric and not after 10+2.

3. Learned counsel for the petitioner submitted that the petitioner had passed the diploma course in the year 2000 whereas the Act was enforced in the year 2008. The contention is that Regulation 42 of the Rajasthan Para Medical Council Regulations, 2014 (hereafter ‘the RPMC Regulations’) the persons who had got diploma prior to the enforcement of the RPMC Act, 2008 were eligible for registration.

4. Learned counsel for the respondent submits that as per Regulation 51 the minimum qualification for taking the admission in Para Medical Diploma Course was 10+2 whereas the petitioner had taken admission in diploma course after Class 10^th

5. Before proceeding further in the matter, the Regulations 42 and 51 of the RPMC Regulations are reproduced below:-

“42. Eligibility for registration:- The following persons who has domicile of Rajasthan shall be eligible for registration,-

(i) who has obtained diploma and degree of a Para-medical course from any Government body or private body permitted by the Government for the purpose who has run the course and awarded diploma and degree before the commencement of these regulations;

(ii) who has passed the Para-medical course from any institution recognized by the Rajasthan Para-medical Council;

(iii) who has passed the Para-medical course from any institution/ Government body, outside the territories of Rajasthan, recognized for the purpose by the concerned State Government or Central Government Medical Department, and if Registered with respective State/Union Territories paramedical council applied with Cancelation Certificate of respective State Council registration and NOC of the council;

(iv) who has passed the Para-medical course from any institution, outside the territories of India, recognized for the purpose by the Government of the country concerned and verified by Government of India;”

“51. Eligibility criteria for admission:- (1) The minimum qualification for admission to the Para-medical Diploma Courses shall be 10+2 class pass with Science subjects (Physics, Chemistry, Biology, and Mathematics,) with minimum 45 percent marks in aggregate. Minimum aggregate marks for the Candidates belonging to Scheduled Castes, Scheduled Tribes, Backward Class or Special Backward Class shall be 40 percent.

(2) The minimum age for admission shall be 17 years on or before 31st December of the year in which admission is sought.”

6. The RPMC Act came into force on 05.08.2008.

7. Regulation 51 stipulates minimum qualification for admission under Para Medical Diploma Courses and shall be